HomeMy WebLinkAbout1987-372
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1 RESOLUTION NO. 87-372
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH Dr. Tien-Chang To"" RELAT-
3 ING TO EVALUATION OF GEOLOGIC REPORTS AND LIQUEFACTION
REPORTS.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
5 CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute on behalf of said
8 City an Agreement with Dr. Tien-Chanq Leere1ating to eva1ua-
9 tion of geologic reports and liquefaction reports, a copy of
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which is attached hereto, marked Exhibit nAn and incorporated
herein by reference as fully as though set forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
regular
meeting thereof, held
on the ~ day of October, 1981-, by the following vote, to
wit:
AYES:
Council Members Estrada, Reilly, Flores, Maudsley,
Minor, Pope-Ludlam, Miller
Council Members None
NAYS:
ABSENT:
Council Members None
The foregoing resolution
~'l$~'
City Clerk
is hereby approved this ~/
j;'/LA-/)j ~'" j /
!' ,( "'7C
of the City of San Bernardino
day of
OC2;t:ob-,
, 1987
Mayor
Ap~oved as to form and legal content:
I 1.
'" .'
I
5Jty Attorney
. ,,\"\, "l. ,- -,
-;~ I ,.J f ,,:
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A G R E E MEN T
(evaluation of geologic reports)
THIS AGREEMENT is made and entered into this _~~kJay of
No V.fIMkr , 1982, by and between the CITY OF SAN BERNARDINO, a
municipal corporation, 300 North "D" Street, San Bernardino,
California, referred to as "City" and Dr. Tien-Chanq Lee ,
California Registered Geologist No. 003421, 3336 Valencia Hi~l Dr.,
Riverside
, California, referred to as "Consultant."
City and Consultant agree as follows:
1. General Descriotion of Work to be Done.
(a) City retains and employs Consultant to evaluate
geological reports submitted pursuant to provisions
of the Alquist-Priolo Geologic Hazard Act. Said
evaluation shall include, but not necessarily be
limited to a determination as to the conformance of
the geologic reports to the policies and criteria
promulgated by the State Mining and Geology Board,
as authorized by the Alquist-Priolo Act, and a
field review if deemed necessary by Consultant.
(b) Consultant shall also evaluate liquefaction
reports submitted pursuant to City resolutions
and ordinances. Said evaluation shall include,
but not necessarily be limited to a determination
as to conformance of the liquefaction reports to
City resolutions and ordinances.
(c) Consultant shall also evaluate geologic reports
and liquefaction reports submitted pursuant to the
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2.
California Enviornmental Quality Act. Said evaluation
shall include, but not necessarily be limited to,
an assessment of adequacy of the reports for the pur-
pose of adequacy pursuant to CEQA and shall further
include an evaluation of the adequacy of any mitigating
measures proposed to meet the requirements of CEQA.
(d) Consultant represents to City that he is fully
qualified by training and experience to perform
the services contemplated by this agreement in a
competent and professional manner.
(e) Consultant shall provide City with the results,
in writing of each evaluation performed pursuant
to this agreement.
Termination of Agreement.
Either party may terminate this agreement by
giving thirty (30) days' advance written
notice of termination to the other party.
Term.
The term of this agreement is for ten (10)
months, commencing November 1 , 1982,
and terminating June 30, 1988.
provisions for Payment.
(a) The payment to Consultant for services
provided under this agreement shall be in the
amount of $60.00 per hour. Consultant shall
suhmit a statement for each geologic report
evaluated showing the number of his expended
hours.
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(b) Consultant shall not use more than four
hours in the evaluation of any geologic report
without the prior written approval of the Planning
Director.
Independent Contractor.
In accordance with his status as an independent
contractor, Consultant agrees that he will conduct
himself consistent with such status; that he shall
not represent himself or claim to be an employee of
the City, or make any claim, demand, or application
to or for any right or benefit applicable to an
employee of the City, including, but not limited to,
worker's compensation coverage, unemployment
insurance benefits, social security coverage,
or retirement membership or benefits.
Supervision.
In the performance of personal services pursuant
to the provisions of this agreement, Consultant
shall not be supervised, directed, or under the
control or authority of any City officer or
employee, except and to the extent as may be
expressly or implicitly required by the terms
and provisions of this agreement. Any direction
or control so required under this agreement shall
be limited to broad objectives or goals of the
project or program to be accomplished and not to
the details and procedures to accomplish such
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objectives or goals. Consultant shall not be
obligated to conform to the supervision or
direction of City officers or employees in a
manner which is inconsistent with his status
as an independent contractor.
Hold Harmless.
Consultant shall hold City, its elective and
appointive boards, commissions, officers, agents
and employees harmless from any liability for
damage or claims for damage for personal injury,
including death, as well as from claims for property
damage which may result from Consultant's
professional errors or omissions. Consultant shall
defend City and its elective and appointive boards,
commissions, officers, agents and employees from
any suits or actions at law or in equity for damages
caused, or alleged to have been caused by
Consultant's professional errors or omissions.
Amendments.
This agreement may be amended or modified only by
written agreement signed by both parties.
Assianment.
Consultant's rights under this agreement shall not
be assigned by Consultant to any other person,
firm or corporation without the prior written
consent of City.
Entire Aareement. This agreement contains the
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entire agreement of the parties with respect
to the matters covered by this agreement and no
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7 agreement the day and year first above written.
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other agreement statement or promise made by
either party which is not contained in this
agreement shall be binding or valid.
IN WITNESS WHEREOF, the parties have executed this
ATTEST:
SAN BERNA
By:
~//?$~~
/City Clerk
Approved as to form
13 a~ legal content:
U J. )e~
i y Attorney
Dr. Tien-Chang Lee
By:
~ ch c-i
A----
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